Sumner v. . Candler
Supreme Court of North Carolina
This was a motioN in the cause, heard before his Honor Judge II' in/, at Fall Term, 1875, of the Superior Court of BuNcombe county. The plaintiff, upon petition, Was allowed by the Clerk of the Superior Court to sue in forma pauperis. The petition was verified by the plaintiff.
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This was a motioN in the cause, heard before his Honor Judge II' in/, at Fall Term, 1875, of the Superior Court of BuNcombe county. The plaintiff, upon petition, Was allowed by the Clerk of the Superior Court to sue in forma pauperis. The petition was verified by the plaintiff. The defendant moved the court to dismiss the action, upon the ground that the plaintiff had not complied with the requirements of the statute in his petition for leave to sue in forma pauperis, but the record does not show in what particular. "" The motion was allowed by the court, and thereupon the plaintiff appealed.
1Opinion of the CourtSettle, J.
This is an appeal from an order of the Superior Court, dismissing the action for the reason that the plaintiff had not complied with the provisions of the law, regulating suits in forma pauperis.
As the defendant was not represented by counsel in this court, no particulars were specified in which the plaintiff had failed to comply with the law.
If the objection be that the Clerk could not authorize the plaintiff to sue, as a pauper, in the Superior Court, it is answered by the decision of this court in Rowark v. Gaston, 67 N. C. Rep., 291, where it is held that either a Judge or Clerk of the…
2Cases cited1 opinion
- Rowark v. . GastonSupreme Court of North Carolina · 1872